On September 2, 2026, in Siren Retail Corp., d/b/a Starbucks Reserve Roastery v. NLRB, the U.S. Court of Appeals for the Second Circuit vacated and remanded the National Labor Relations Board’s (“NLRB” or “Board”) 2024 decision finding that Starbucks unlawfully
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On the Chopping Block: NLRB GC Issues Memorandum Detailing Policy Priorities
On August 26, 2026, NLRB General Counsel Crystal Carey issued Memorandum GC 26-04, following the historic trend from recent predecessors, indicating the NLRB precedent she has asked or will ask the Board to revisit. Newly appointed General Counsels often
When Is a Protest in the Workplace Not a “Workplace” Protest? NLRB Backs Microsoft’s Termination of Employees Who Organized Gaza Demonstration
Can employees be fired for organizing a protest at work that violates workplace rules if the protest isn’t actually about work? According to a recently released Advice Memorandum from the National Labor Relations Board (“NLRB”), the answer may be yes.
HALTED: Federal Court Declares NJ’s Labor Peace Agreement Requirement Preempted by the NLRA
On August 10, 2026, Judge Michael A. Shipp of the U.S. District Court for the District of New Jersey declared that the National Labor Relations Act (“NLRA”) preempts the labor peace agreement (“LPA”) requirement in New Jersey’s Cannabis Regulatory, Enforcement
Texas Court Clash: Do Unconstitutional NLRB Removal Protections Pause an Unfair Labor Practice Case?
A Texas federal district court has split with another Texas district court on a key question: when a court declares the National Labor Relations Board’s removal protections unconstitutional, can it sever the offending provisions and allow an unfair labor practice
UPDATE: D.C. Circuit Strikes Down NLRB Successor Bar in Major Post-Loper Bright Ruling
On July 21, 2026, the D.C. Circuit issued a significant post-Loper Bright decision rejecting the National Labor Relations Board’s (“Board”) successor-bar doctrine. In Hospital Menonita de Guayama, Inc. v. NLRB, No. 22-1163 (D.C. Cir. July 21, 2026), a
UPDATE: CONFIRMED – Trump’s Latest NLRB Pick Could Swing Biden-Era Precedent
The Starbucks Effect: Sixth Circuit Vacates NLRB 10(j) Injunction
On May 1, 2026, the U.S. Court of Appeals for the Sixth Circuit vacated a Section 10(j) injunction issued by a district court in Kerwin v. Trinity Health Grand Haven Hospital, 174 F.4th 942 (6th Cir. 2026). In its
What the Supreme Court’s Slaughter Decision Means for the NLRB
The Supreme Court’s June 29, 2026 decision in Trump v. Slaughter, No. 25-332 (2026), overruling Humphrey’s Executor v. United States, 295 U.S. 602 (1935), has major implications for the National Labor Relations Board (“NLRB”). In a 6-3 decision, Chief Justice
No Escape Clause: NY’s Highest Court Rules Prevailing Wage Obligations Apply Whether Contracts Say So or Not
On June 23, 2026, the New York Court of Appeals issued a significant decision in Walton v. Comfort Systems USA (Syracuse), Inc., answering previously unsettled certified questions from the Second Circuit with important implications for employers performing work on public